Holiday pay

HR

• 
  Thomas R Shannon 10 months, 2 weeks ago

  Holiday pay

  As the owner of a chain of gas stations in Ohio, is it legal to have separate holiday policies for each one? Specificly, if I choose to pay time and a half for holiday hours worked at one station, am I required to do the same for all the chain or can I pick and choose where I do it? Is it legally all or none?

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  Laura Handrick
  

  Moderator

  

  10 months, 2 weeks ago

  Hi Thomas,

  There’s no law that mandates holiday pay at all.
  So you can set up whatever policy you like.

  However, you’re inviting a discrimination lawsuit if you provide employees in one location with holiday pay and not in another. Here’s why. Let’s say the location you provide holiday pay in has more males or whites (or any variable) than another location where employees don’t get paid holiday pay. The ones not getting that pay could sue you for discrimination (age, gender, sexual orientation?) if they feel that’s the reason you’re not giving them holiday pay.

  The judge will then ask, “what do you do in your other locations?” That’s where you’re likely to run into trouble.

  So legally, you can do what you like, but be careful that employees understand your non-discriminatory rationale for having a more generous policy in one location than another.

  Best!

  Laura

  https://fitsmallbusiness.com/floating-holiday-policy/
  https://fitsmallbusiness.com/holiday-pay-policy/

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